Table of Contents

1. Introduction to Intent to Use Trademark Applications
2. What Is an Intent to Use Trademark Application?
3. Filing Options: In Use (1(a)) vs. Intent to Use (1(b))
4. How Does the Intent to Use Process Work?
   • Filing the Application
   • USPTO Review
   • Notice of Allowance (NOA)
   • Statement of Use (SOU)
   • Registration
5. Why File a Trademark Application Under Intent to Use?
6. Costs and Considerations
7. Is Intent to Use Right for You?

Trademark registration is an essential step for protecting your brand and intellectual property. But what if you’re not quite ready to launch your product or service into the marketplace? This is where an “Intent to Use” (ITU) trademark application, also known as a 1(b) filing basis, comes into play. In this blog post, we’ll break down what an ITU application is, how it works, and why it could be a strategic choice for your business.

What Is an Intent to Use Trademark Application?

When filing a trademark application with the United States Patent and Trademark Office (USPTO), you have two main filing options:

• In Use (1(a)): This applies if your trademark is already being used in commerce.
• Intent to Use (1(b)): This applies if you haven’t started using your trademark yet but have a genuine intent to do so in the near future.

Filing under an intent-to-use basis is a strategic approach for businesses that want to secure their trademark rights early, even before going public with their product or service.

For more information on the different filing bases, visit the International Trademark Association’s (INTA) fact sheet on filing a trademark application in the United States.

How Does the Intent To Use Process Work?

Here’s a step-by-step breakdown of the intent-to-use trademark application process:

1. Filing the Application

When filing under the intent-to-use  basis, you submit your trademark application without providing:

• A date of first use. Since the intent-to-use basis assumes you haven’t started using the trademark in commerce yet, you are not required to declare a first-use date.

A specimen. A specimen is proof of how the trademark is being used in commerce (e.g., a label, packaging, or a screenshot of a website showing the trademark in use). Under ITU, you don't need to submit this initially because the mark isn’t yet in use.

The USPTO charges the same initial filing fee whether you select the in-use or intent-to-use basis.

2. USPTO Review

After submission, the USPTO examines your application for compliance and checks for conflicts with existing trademarks.

3. Notice of Allowance (NOA)

If approved, the USPTO issues a Notice of Allowance (NOA), meaning your application has passed the initial review but isn’t yet registered.

4. Statement of Use (SOU)

After receiving the NOA, you’ll need to file a Statement of Use (SOU) to prove your trademark is being used in commerce. The SOU must include:

• Evidence of how your trademark is used in connection with your goods or services.
• The date the trademark was first used in commerce.

Starting in 2025, the SOU filing fee will be $150 per class of goods or services.

5. Registration

Once the SOU is approved, your trademark will be officially registered.

For detailed instructions on filing a Statement of Use, check out this official USPTO SOU guide.

Why File a Trademark Application Under Intent To Use?

Here are some of the key benefits of filing under an ITU basis:

1. Early Protection: Secures your priority filing date before your trademark is in use.
2. Flexibility: Gives you time to finalize your product or service launch while reserving your trademark.
3. Avoiding Conflict: Ensures another party doesn’t claim your trademark before you enter the market.

Costs and Considerations

At Indie Law, we don’t charge any extra fees for filing under an intent-to-use basis. The initial filing fee is the same as an in-use application. The only additional cost is the Statement of Use filing fee, which is $150 per class starting in 2025.

Working with a knowledgeable trademark attorney is critical to ensure your application is accurate and complies with USPTO requirements. Errors in the process can lead to delays or even the rejection of your application.

Is Intent To Use Right for You?

Filing your trademark application under an intent-to-use basis is perfect for businesses that want to secure their brand early while still preparing for an official launch. Whether you’re developing a new product, entering a new market, or rebranding, this filing basis provides the flexibility and protection your business needs.

Final Thoughts

Trademarking your brand is an investment in its future. Understanding the Intent to Use application process empowers you to make informed decisions that protect your business’s identity and growth.

At Indie Law, we specialize in helping businesses navigate the trademark process with ease and confidence. Let us help you secure your brand’s future—reach out today to get started!